Federal Judge Limits Suspicionless Laptop Searches at Borders

A federal judge has ruled against the Department of Homeland Security's Customs and Border Protection claim that agents could not only search the electronic devices of cross-border travelers without a warrant or even reasonable suspicion, they could also seize the devices indefinitely for more invasive searches. In United States v. Hanson, U.S. District Judge Jeffrey White ruled that "[g]iven the passage of time between the January and February searches and the fact that the February search was not conduct[ed] at the border, or its functional equivalent, the court concludes that the February search . . . must be justified by reasonable suspicion." Last October, EPIC and 20 other organizations sent a letter to the House Committee on Homeland Security objecting to this practice and other privacy violations. For more information, see EPIC: DHS Privacy Office.

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